Engineering Disputes in Construction: How Geotechnical and Structural Issues Lead to Liability and Apportionment Claims and Choosing The Right Construction Lawyer For Your Needs
Engineering failures are often central to high-value construction disputes.
Foundation movement, reactive soils, inadequate footing design and load miscalculations frequently result in structural cracking and water ingress. These can be very significant claims.
Determining liability requires analysis of contractual scope, design responsibility and compliance certification. In multi-party disputes, apportionment under the Wrongs Act 1958 (Vic) can significantly alter financial exposure.
At BU Lawyers we focus on strategic identification of concurrent wrongdoers including engineers, building surveyors and builders – we know this is critical. We have the runs on the board in this area and the team that is second to none when it comes to understanding professional liability and professional indemnity insurance. Knowing the insurance and recovery prospects are critical in these major cases.
Technical disputes also demand coordinated expert evidence and early legal strategy to preserve recovery rights and manage insurer involvement. We pride ourselves at BU Lawyers in knowing the footing experts, geotechnical experts and we can investigate quickly and effectively as we begin to understand the causative issues at hand.
Even if you have briefed lawyers and are considering a new team, we take on new jobs where smooth transition is agreed and expert evidence can be properly assessed.
When you are speaking to a construction lawyer, ask where their expertise lies — are they experts in recovery of engineering and professional liability disputes? Do they have an intimate knowledge of PI insurance? Do they have a sufficient team and the deep connections with a variety of engineering experts to know the right team and plan for you?
At BU Lawyers we have and continue to handle complex geotechnical and structural disputes where insurance knowledge is key. Ask us why we are experts by booking an initial consultation. Contact clerk@bulawyers.com.au or our practice manager at paula@bulawyers.com.au.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
A building professional who can write a report and a building professional who can defend one under cross-examination at VCAT are rarely the same person, and the gap between them is costing property owners claims.